Community News
Homeowners sue Macoupin County hog farm over strong odor
Swine Farm (Stock photo)
Homeowners in northwest Macoupin County are suing the owners, operators and affiliates of a swine production facilities for damages “beyond the jurisdictional limits of the (circuit) court” in a three-year-old case transferred this week to Macoupin County Circuit Court from St. Clair County.
[pullquote]The suit seeks unspecified amounts of actual and punitive damages to be determined by a jury.[/pullquote]The plaintiffs – Joe and Megan Clark and Bob Norris and Tim Gall – claim the swine production facility operated by the strangely named Fragrant 40, LLC, has been operated negligently since 2008, resulting in foul odors, insect infestations and particulate pollution that has reduced the value of their homes and limited their ability to use and enjoy their own properties.
The original suit, filed Feb. 28, 2012, in St. Clair County Circuit Court, named Fragrant 40, along with the company’s principals Ronald D. Seabaugh, Belleville, and Jeff Seabaugh, as defendants. Over the course of three years, the suit has picked up multiple additional defendants, including Alan Investments, Inc., Bacon By Gosh, Inc., Dykhuis Farms, Inc., Tosh Pork, LLC, Silver Creek Pig, Inc., and Professional Swine Management, LLC. The file transferred to Macoupin County includes hundreds of pages and is nearly eight inches thick.
The suit alleges Fragrant 40 acquired the facility in 2008 and has been using five of the facility’s seven hog confinement buildings to produce 4,700 hogs annually. Among other issues, the suit alleges collection pits beneath the buildings are inadequate for handling the volume of manure and urine produced by the livestock, and are subject to storm water infiltration that further limits their capacity. The site, located in Barr Township, features two lagoons for holding animal waste and a clear-water pond.
The suit claims the Illinois Environmental Protection Agency has investigated past instances in which discharge from the lagoons has been allowed to enter into a tributary to nearby Taylor Creek. Despite violation notices from IEPA, according to the suit, the discharge into nearby public waters has continued, turning the water reddish brown in areas close to the discharge.
The complaint further alleges the defendants have periodically removed animal waste from the facility to be spread upon agricultural lands also owned by Fragrant 40, but that the acreage is inadequate for handling the amount of waste the facility produces. Further allegations include improper disposal of dead hogs that has contributed to unbearable odors from the facility. The suit includes three counts for each set of defendants alleging temporary nuisance, negligence and continuing trespass. The continuing trespass allegation argues that allowing smells to encroach upon surrounding properties constitutes trespass onto those properties.
[pullquote]After lodging one complaint, the suit alleges, the Clarks discovered a severed sow’s head that had been placed on their front lawn.[/pullquote]In the lawsuit, Joe and Megan Clark claim they have complained to the defendants, Illinois Environmental Protection Agency and the federal Environmental Protection Agencies to no avail. Moreover, they cite instances of alleged retribution, claiming the defendants and employees of Fragrant 40 attempted to intimidate them by driving slowing past their residence, stopping in front of their home and staring at the plaintiffs. After lodging one complaint, the suit alleges, the Clarks discovered a severed sow’s head that had been placed on their front lawn.
The Clark’s home is located two-tenths of a mile from the swine production facility. The Norris/Gall home is located half a mile away.
Both sets of defendants claim the smells and particulates from the facility prevent them from being outdoors at their homes, preclude them from entertaining guests and relatives and, in some instances, resulted in illnesses. The Clarks claim they have resorted to sometimes sleeping in their basement in an effort to escape the odors. The smells, according to the defendants, come from the confinement buildings’ pits and lagoons, from spreading and spraying wastes on neighboring property, from the incineration of dead hogs, from the composting of hog carcasses and from hog carcasses allowed to improperly accumulate before disposal.
The suit seeks unspecified amounts of actual and punitive damages to be determined by a jury.
[pullquote]In August 2011, Attorney General Lisa Madigan filed a complaint in chancery seeking damages in excess of $50,000[/pullquote]In August 2011, Attorney General Lisa Madigan filed a complaint in chancery seeking damages in excess of $50,000, plus $10,000 for each day alleged violations continued at the facility, alleging that water and air pollution resulted from years of generating more livestock waste than the facility’s aging waste-handling system could accommodate.
The state’s complaint also alleged violations of Illinois EPA permits, and detailed problems offensive odors caused for families living near the facility. One family said odors emanating from the facility forced them to cancel a Fourth of July celebration at their home last year. On another occasion, a visiting family member became ill from odors coming into the home.
According to the complaint, during two of three Illinois EPA inspections in November 2009, the lagoon at the Fragrant 40 facility was overflowing and discharging liquid waste into a nearby creek that leads to the Illinois River. A third discharge resulted from a hose that burst during land application of manure. The IEPA issued a violation notice to Fragrant 40 for the discharges.
The case has been moving through Macoupin County Circuit Court for nearly five years. A case management conference is set for June 23 before Judge April Troemper.
[pullquote]The case has been moving through Macoupin County Circuit Court for nearly five years[/pullquote]In June 2013, Country Mutual Insurance Co., filed a miscellaneous remedies complaint for a declaratory judgment against Professional Swine Management, Alan Investments, Jeff Seabaugh and Ronald Seabaugh, as well as Joe and Megan Clark, and Bob Norris and Tom Gall. A status hearing on the case is set for May 2 before Judge Kenneth Deihl.
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FELONIES
Christopher L. Black, 43 of Virden, is charged with home invasion/causing injury and two counts of aggravated battery of a peace officer in connection with a January 4 incident.
Casey W. Sobberi, 40 of Wilsonville, is charged with burglary in connection with a January 3 incident.
Eugene Arnold, 62 of Royal Lakes, is charged with aggravated battery/great bodily harm, aggravated battery/use of a deadly weapon, and domestic battery/bodily harm in connection with a January 6 incident.
Michael A. Upton, 34 of Palmyra, is charged with twelve counts of child pornography and possession of methamphetamine (5 grams) in connection with multiple dates in 2025.
Bryer D. Greff, 31 of Virden, is charged with aggravated battery/public place, resisting a peace officer/firefighter/corrections employee, and two counts of disorderly conduct in connection with a January 7 incident.
Shayne W. Dugger, 26 of Palmyra, is charged with possession of methamphetamine (<5 grams) in connection with a September 28 incident.
Sarah L. Winston, 36 of Carlinville, is charged with possession of methamphetamine (<5 grams) in connection with a November 4 incident.
TRAFFIC
Austin D. Courier, 30 of Vriden, is charged with driving on a suspended license in connection with a December 30 incident.
Courtney N. Lomelino, 23 of Virden, is charged with speeding 26-34 mph over the limit in connection with a December 25 incident.
William R. Dyer, 55 of Carlinville, is charged with leaving the scene, driver failing to give notice of a crash, transporting/carrying alcohol/driver, operating an uninsured motor vehicle, improper traffic lane usage, seat belt required/driver, and failure to reduce speed in connection with a January 4 incident.
Billy R. Austin, 44 of Modesto, is charged with expired registration, operating an uninsured motor vehicle, and being unlicensed in connection with a January 4 incident.
Richard W. Wallis, 63 of Nilwood, is charged with driving on a suspended license in connection with a January 5 incident.
Stephanie E. Jennings, 34 of Girard, is charged with canceled/revoked/suspended registration in connection with a January 6 incident.
Bruce A. Day, 60 of Carlinville, is charged with driving on a revoked license and operating an uninsured motor vehicle in connection with a January 5 incident.
Clayton R. Sampson, 19 of Palmyra, is charged with speeding 26-34 mph over the limit in connection with a January 6 incident.
Dakota R. Lavely, 20 of Troy, is charged with speeding 26-34 mph over the limit and operating an uninsured motor vehicle in connection with a January 5 incident.
Wayne E. Mitchell, 46 of Brighton, is charged with driving on a revoked license, operating an uninsured motor vehicle, and expired registration in connection with a December 30 incident.
Monty M. Gardner, 55 of Brighton, is charged with driving on a suspended license and operating an uninsured motor vehicle in connection with a January 2 incident.
DISSOLUTION OF MARRIAGE FILED
- Catherine Harrison versus David Breen
- Margaret Putman versus Justin S. Putman
- Taunia R. Moore versus Blake A. Moore
MARRIAGE LICENSES
- Wade Logan Yates of Brighton and Anna Catherine Marcy of Riverton.
- Douglas Guennewig and Buffy Riddens, both of Staunton.
Comments
SUNDAY, JANUARY 4, 2026
An officer was dispatched to the 300 block of South 4th Street in Benld in reference to a domestic dispute.
An officer was dispatched to the 300 block of Charles Street in reference to a 911 call.
An officer was dispatched to South Hard Road in Benld in reference to an animal complaint.
An officer was dispatched to the 700 block of East Walnut Street in reference to a 911 call.
An officer was spoke with a male at the Gillespie Police Department in reference to harassment.
MONDAY, JANUARY 5, 2026
An officer spoke with a female at the Gillespie Police Department in reference to neighbor trouble.
Jiles R. Lyons, 36 of Benld, was arrested on a Macoupin County warrant for failure to appear for possession of another’s credit/debit card.
An officer spoke with a male at the Gillespie Police Department in reference to an animal complaint in the 600 block of North 7th Street in Benld.
An officer was dispatched to the 200 block of East Burton Street in reference to an animal complaint.
An officer was dispatched to Osie Street and Handy Street in reference to a security check.
TUESDAY, JANUARY 6, 2026
An officer was dispatched to the 300 block of South Hard Road in Benld in reference to juvenile issues.
An officer was dispatched to the 400 block of West Burton Street in reference to a 911 call.
An officer spoke with a male at the Gillespie Police Department in reference to harassment.
An officer was dispatched to the 300 block of West Walnut Street in reference to a neighborhood dispute.
An officer was dispatched to the 300 block of North Francis Street in reference to a 911 call.
An officer was dispatched to the 300 block of East Elm Street in reference to an animal complaint.
An officer was dispatched to Macoupin Street and Walnut Street in reference to suspicious activity.
WEDNESDAY, JANUARY 7, 2026
An officer was dispatched to the 100 block of South 5th Street in Benld in reference to a burglary.
An officer initiated a traffic stop at Springfield Road and Virginia Street in East Gillespie. Debra A. Brooks, 65 of Carlinville, was issued a citation for speeding.
An officer was dispatched to the 700 block of Adams Street in reference to ordinance issues.
An officer was dispatched to the 400 block of South Illinois Street in Benld in reference to criminal trespass to property.
An officer initiated a traffic stop at Macoupin Street and Osie Street. Kylee P. Cothern, 18 of Benld, was issued a citation for expired registration and operating uninsured vehicle.
An officer was dispatched to the 200 block of Springfield Road in East Gillespie in reference to a hit and run traffic crash.
An officer initiated a traffic stop at Springfield Road and Virginia Street in East Gillespie. Tiana F. McFarland, 28 of Staunton, was issued a citation for speeding.
An officer initiated a traffic stop at Springfield Road and Virginia Street in East Gillespie. Debra A. Brooks, 65 of Carlinville, was issued a citation for speeding.
THURSDAY, JANUARY 8, 2026
The School Resource Officer was dispatched to the High School office in reference to a fight.
An officer initiated a traffic stop at Springfield Road and Illinois Street in East Gillespie. Darlene Karns, 70 of Gillespie, was issued a citation for speeding.
An officer initiated a traffic stop at 7th Street and Pine Street in Benld. Dylan S. Richards, 32 of Staunton, was issued a citation for suspended registration.
An officer was dispatched to the 400 block of South Illinois Street in Benld in reference to a security check.
FRIDAY, JANUARY 9, 2026
An officer was dispatched to the 300 block of Park Avenue in reference to criminal trespass.
An officer was dispatched to the 200 block of West Spruce Street in reference to criminal damage.
An officer was dispatched to the 200 block of South Montgomery Street in reference to a 911 call.
An officer spoke with a female at the Gillespie Police Department in reference to a theft in the 500 block of South Jersey Street.
An officer spoke with a male at the Gillespie Police Department in reference to an animal complaint in the 200 block of West Maple Street.
The School Resource Officer was dispatched to the 300 block of East Oak Street in reference to a juvenile issue.
SATURDAY, JANUARY 10, 2026
An officer was dispatched to the 100 block of Frey Street in reference to criminal damage.
An officer initiated a traffic stop at Macoupin Street and Pine Street. Racheal A. Aleshire, 47 of Gillespie, was issued a citation for driving while her license was revoked.
An officer initiated a traffic stop at Hard Road and Central Avenue in Benld. Amber R. Brackett, 31 of Gillespie, was issued citations for suspended registration and for no insurance.
An officer was dispatched to the 700 block of Springfield Road in East Gillespie in reference to a well-being check.
An officer was dispatched to the 300 block of East Elm Street in reference to an animal complaint.
An officer was dispatched to the 100 block of North Macoupin Street in reference to an intoxicated pedestrian.
An officer was dispatched to the 500 block of West Virginia Street in East Gillespie in reference to stalking.
All subjects are presumed innocent until proven guilty in a court of law.
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FELONIES
Micah J. Ramsey, 39 of Carlinville, is charged with aiding/abetting/selling a stolen vehicle and driving on a revoked license in connection with a December 27 incident.
Shawn M. McBride, 38 of Staunton, is charged with obstructing justice/destroying evidence in connection with a December 18 incident.
Riley G. Rhodes, 18 of Carlinville, is charged with possession/displaying an altered ID card in connection with a December 18 incident.
Shane S. Bell, 35 of Girard, is charged with possession of methamphetamine (<5 grams) in connection with a November 6 incident.
MISDEMEANORS
Ted. E. Hanner, 50 of Bunker Hill, is charged with obstructing identification in connection with a December 3 incident.
Brittany M. Lyons, 35 of Benld, is charged with criminal trespass to a building in connection with a December 19 incident.
Betty J. Jamieson, 75 of Carlinville, is charged with violating the animal control act in connection with a December 29 incident.
James J. Denby, 27 of Carlinville, is charged with criminal trespass to land in connection with a December 8 incident.
Tricia J. Pfeiler, 37 of Carlinville, is charged with battery/cause bodily harm and cruelty to animals in connection with a January 1 incident.
Rodney J. Rosentreter, 60 of Gillespie, is charged with criminal damage to property (<$500) and resisting a peace officer/firefighter/corrections employee in connection with a January 1 incident.
TRAFFIC
Rustin L. Reed, 19 of Springfield, is charged with speeding 26-34 mph over the limit in connection with a December 27 incident.
Passion M. Kinzey, 33 of Chicago, is charged with canceled/revoked/suspended registration in connection with a December 27 incident.
Ella R. Robinson, 20 of Bonne Terre, MO, is charged with speeding 35 mph over the limit in connection with a December 30 incident.
Julie B. Kruse, 55 of Staunton, is charged with driving on a suspended license and operating an uninsured motor vehicle in connection with a December 18 incident.
Gregory A. Knezic, 60 of Staunton, is charged with driving on a suspended license and improper use of registration/title in connection with a December 23 incident.
Dixie L. Moffitt, 73 of Worden, is charged with canceled/revoked/suspended registration in connection with a December 22 incident.
Dakota L. Schoondyke, 28 of Virden, is charged with driving on a suspended license and operating a motor vehicle with suspended registration in connection with a December 26 incident.
DISSOLUTION OF MARRIAGE FILED
- Debra E. Seago versus Carl L. Seago Jr.
MARRIAGE LICENSES
- David L. Ehlers and Shirley Marie Lee Haines, both of Bunker Hill.
- Steven D. Clattenburg and Billie Jo Croll, both of Virden.
- Robert J. Halpin and Chelsea L. Kirkover, both of Gillespie.
